Dr. B.S. Chauhan, J. - (1.) This writ petition has been filed against the impugned order dated 9.10.1998, passed by the labour court allowing the application of the respondent and setting aside the award dated 8.7.1997 reopening the Adjudication Case No. 49 of 1992.
(2.) Facts and circumstances of the case giving rise to this case are that petitioner who had been working with respondent No. 2, had been removed from service vide order dated 1.7.1991. Being aggrieved and dissatisfied petitioner raised an Industrial dispute, and the appropriate Government vide order dated 21.4.1992 in exercise of its power under Section 4K of the U.P. Industrial Disputes Act, 1947 (hereinafter, the Act) made the reference to the labour court as to whether the termination was in accordance with law, and if not, to what relief he was entitled to? In pursuance of the said reference workman filed the claim petition and the contesting respondents entered into appearance through their departmental representatives. However, after appearing on few dates, the departmental representatives did not attend the proceedings, and labour court proceeded ex parte and made the Award dated 8.7.1997, set aside the order of termination and issued the direction of reinstatement with notional security, but, the workman was deprived of the back wages. When the petitioner workman wanted the execution of the said Award dated 8.7.1997 on 2nd September, 1998, the contesting respondents filed an application before the labour court for setting aside the Award. The said application has been allowed. The matter has been reopened. Hence, this petition.
(3.) In Patel Chunibhai Dajibha v. Narayanrao Khanderao Jambekar, AIR 1965 SC 1457, the Honb'le Supreme Court had held that in absence of any power of review, the Tribunal could not have subsequently reconsidered its previous decision and the subsequent order re-opening the matter was Illegal, ultra vires and without jurisdiction.;